Claiming Medical Damages After A Construction Accident

Understanding who bears the responsibility for medical damages is crucial for individuals involved in construction accidents in New York.

Workers’ Compensation in New York

Workers’ compensation is designed to cover medical bills for individuals who sustain injuries while on the job, including those incurred in construction accidents. When an employee is injured, the workers’ compensation system steps in to provide financial assistance for necessary medical treatment and related expenses regardless of who was at fault. This coverage encompasses doctor visits, hospital stays, surgeries, prescription medications, rehabilitation, and other medical services deemed essential for the injured worker’s recovery.

To receive benefits, It is critical for the injured party to promptly notify their employer about the accident, as failure to do so within the stipulated time frame of 30 days might lead to complications with your claim. Seeking immediate medical attention and adhering to the prescribed procedures within the workers’ compensation framework also ensures that eligible medical bills are covered.

Do I Have to Pay Medical Bills and Get Reimbursed?

As long as you fill out the workers’ compensation claim form and your physician knows that the injury is work-related, you should never receive a bill. Your employer’s insurance carrier should be sent and pay those bills.

Seeking Compensation for Medical Damages in a Lawsuit

In certain cases, you may be eligible to also pursue a personal injury lawsuit against a third party (someone other than your employer or co-workers) whose negligence contributed to the construction accident. While workers’ compensation provides essential coverage for medical expenses and lost wages without the need to prove fault, it may not provide compensation for all damages, including pain and suffering, and also has limitations on the total amount recoverable.

By pursuing a personal injury lawsuit against a third party, such as a negligent equipment manufacturer, subcontractor, or property owner, you can seek additional compensation beyond what workers’ compensation offers. This can include damages for medical bills and recommended treatment that workers’ comp will not cover.

How an Attorney Can Help You Claim Medical Damages

Hiring an attorney is a crucial step in claiming medical damages after a construction accident. Here is how they can help:

Case Evaluation

An attorney will conduct a thorough evaluation of your case, assessing the circumstances of the accident, the extent of your injuries, and the potential liability of involved parties. This evaluation guides them in building a strong case on your behalf

Identifying Liable Parties

Attorneys have the skills and resources to identify all potentially liable parties.

Workers’ Compensation Guidance

Your lawyer can guide you through the workers’ compensation process. They ensure that you meet all necessary deadlines, complete required documentation, and receive the maximum benefits available for your medical expenses and lost wages.

Gathering Evidence

Your attorney will work to gather relevant evidence to support your claim, especially if a third party is liable. This includes accident reports, witness statements, photographs, medical records, and any other documentation that strengthens your case.

Valuing Damages

Assessing the full extent of your damages, including current and future medical expenses and the extent of your injury’s impact on your life. 

Negotiating with Insurers

A lawyer can skillfully negotiate with your employer’s insurer and third parties’ insurers on your behalf. They will use their knowledge of the law and experience in similar cases to advocate for fair compensation.

Lawsuit Representation

If negotiations do not result in a fair settlement, your attorney is prepared to take your case to court or a workers’ comp hearing. 

Claiming medical damages after a construction accident is a complex process, and having a knowledgeable White Plains construction accident lawyer by your side can make a significant difference.